Item H6 H.6
County f � .�� ��� BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
Mayor Pro Tem Craig Cates,District 1
The Florida Keys '
Y � �F' Michelle Coldiron,District 2
Vacant,District 3
--' Holly Merrill Raschein,District 5
County Commission Meeting
February 16, 2022
Agenda Item Number: H.6
Agenda Item Summary #10188
BULK ITEM: No DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:25 AM
AGENDA ITEM WORDING: Approval of a Resolution authorizing the Monroe County Land
Authority to initiate the Process for selling nine (9) vacant county owned lots in Tropical Bay
Estates, provided that the lots are deed restricted to prohibit the construction of principal residential
dwelling units thereon to contiguous property owners or Property Owners Associations, when
applicable, and other limitations provided for in Ordinance 001-2022.
ITEM BACKGROUND: County staff seeks approval of a resolution to start the resale program for
nine (9) lots in Tropical Bay Estates, on Big Pine Key, following the procedures adopted by the
Board when it enacted Ordinance 001-2022 last month.
The ordinance requires the County Commission to approve offering the lots for sale. It also requests
staff to send notices to contiguous property owners with primary dwelling units and property owner
associations eligible to purchase the lots without any development rights, except the ability to use
them for accessory structure development in accordance with County code.
The purchaser will be required to allow recordation of:
• A Deed restriction that disallows owner from seeking a building permit for a dwelling
unit in future; and
• A unity of title is required to join it with the contiguous parcel with the primary dwelling
unit
Staff will send written notices to contiguous property owners with primary dwelling units and the
Tropical Bay Estates Property Owner Association offering the lots for sale (see attachment for list of
properties and contiguous property owners). Each notice (example attached)will include:
• Legal Description of lot(s)being offered
• A minimum purchase price and statements
• Deadline to submit bid
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H.6
• Requirement for 10%bid deposit
• Section for purchaser to sign agreeing to Deed Restriction and Unity of Title
• Section for agreement to purchase and estimated closing date (closing must occur within
6 months of offer acceptance)
The recommended bids will be placed on the County Commission meeting for acceptance. The
Commission can accept highest bid or reject all bids.
PREVIOUS RELEVANT BOCC ACTION: On 1/21/2022, BOCC adopted Ordinance 001-2022.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution authorizing lots in Tropical Bay Estates to be sold without development rights under
dispostion resale program
Tropical Bay Estates - List of BOCC parcels and contiguous owners -1-25-22
NOTICE OF SALE OF TROPICAL BAY ESTATES PARCEL
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
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H.6
Christine Hurley Completed 01/30/2022 12:26 PM
Dina Gambuzza Completed 01/31/2022 10:14 AM
Bob Shillinger Completed 01/31/2022 12:25 PM
Budget and Finance Completed 02/01/2022 8:42 AM
Purchasing Completed 02/01/2022 8:47 AM
Risk Management Completed 02/01/2022 10:20 AM
Liz Yongue Completed 02/01/2022 11:39 AM
Board of County Commissioners Pending 02/16/2022 9:00 AM
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H.6.a
RESOLUTION NO. -2022
A RESOLUTION OF THE BOARD OF COUNTY E
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MONROE COUNTY LAND AUTHORITY
TO INITIATE THE PROCESS FOR DISPOSING OF NINE (9)
VACANT COUNTY OWNED LOTS IN TROPICAL BAY
ESTATES PROVIDED THAT THE LOTS ARE DEED-
RESTRICTED TO PROHIBIT THE CONSTRUCTION OF 2
PRINCIPAL RESIDENTIAL DWELLING UNITS THEREON;
COMBINDED BY UNITY OF TITLE; AND FOLLOWING
DISPOSITION PROGRAM STANDARDS IN MONROE COUNTY
ORDINANCE 001-2022, AS PART OF THE COUNTY'S DENSITY
REDUCTION PROGRAM. N
WHEREAS, in 2016, the Board of County Commissioners (the "BOCC") initiated a Density
Reduction Program to purchase development rights from the owners of private property in anticipation
of the State's expected cessation of new development once the current pool of Rate of Growth Ordinance E
(ROGO) allocations is exhausted; and
WHEREAS, the goals of the County's Density Reduction Program are to 1) reduce ongoing
development pressures and the resulting effect on hurricane evacuation clearance times, 2) reduce the 0
demands on public facilities and infrastructure, and 3) protect property owner rights, thus ultimately
avoiding unnecessary costs associated with defending property rights claims; and
0
WHEREAS, since 2016, the BOCC in cooperation with the Monroe County Land Authority .0
purchased nine (9) density reduction lots in Tropical Bay Estates, eight (8) of which meet the required
disposition standards for contiguous property owners and nine (9) of which meets the required 2
disposition standards for Property Owner Associations (POAs) in the Monroe County Code of
Ordinances; and LL°
WHEREAS,the BOCC finds the Tropical Bay Estates Property Owner Association is a qualified ru
buyer of the density reduction lots in Tropical Bay Estates; and 0
WHEREAS, the BOCC finds that the best use of the nine (9) County owned density reduction S
lots located in Tropical Bay Estates, Florida, is to offer the parcels for sale (eight (8) County owned o
density reduction lots to contiguous property owners or to the Property Owners Association (POA) and
one (1) only to the Property Owners Association (POA))with a deed restriction prohibiting the building
of a residential dwelling unit on the parcels and a requirement to combine the lots with existing parcels 0
that have an existing primary residential unit if sold to a contiguous property owner; and
WHEREAS, the deed restricted parcels will be offered for sale to the highest and best bidder 2
pursuant to the requirements set forth in Ordinance 001-2022; and
WHEREAS,the sale of these nine (9) deed restricted parcels is consistent with Policies 102.4.3
and 102.4.5 of the 2030 Monroe County Comprehensive Plan; and
E
WHEREAS, the Monroe County Board of County Commissioners must approve a resolution
directing initiation of the disposition following standards set forth in Ordinance 001-2022; and et
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H.6.a
WHEREAS, the Monroe County Land Authority shall send notices of this disposition offering
to owners of contiguous properties and the Tropical Bay Estates Property Owners Association, by
certified mail, and request bids from those property owners;
E
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
m
Section 1: The"Whereas" clauses set forth above are incorporated as findings by the Board.
Section 2: The Monroe County Land Authority is authorized to initiate the process set forth in
Chapter 2,Article VII, Division 2,to dispose of nine(9) County owned density reduction 0
lots in Tropical Bay Estates (eight (8) density reduction lots to contiguous property T
owners or to the Property Owners Association (POA) and one (1) density reduction lot
only to the Property Owners Association (POA)) as follows:
N
RE4 00314250-000000 RE4 00313520-000000
RE4 00314220-000000 RE4 00313240-000000
RE4 00314120-000000 RE4 00313190-000000
RE4 00313960-000000 RE4 00313300-000000 E
RE4 00313650-000000
0
Section 3: The Monroe County Land Authority shall follow the Program Standards and the
Process identified in Ordinance 001-2022. o
Section 4: Any revenue derived from the sale of these lots shall be deposited to Fund 316, the fund 2
used to pay for land acquisitions under the density reduction program and/or Less than
Fee Program.
0
Section 5: This resolution shall take effect upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 16th day of February, 2022.
Mayor David Rice 0
Mayor pro tem Craig Cates
Commissioner Michelle Coldiron
Vacant, District 3
0
Commissioner Holly Raschein
(SEAL) 0
ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
0
0
As Deputy Clerk Mayor David Rice
0
Approved for Form and Legal Sufficiency
Robert B. Shillinger, Monroe County Attorney
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MONROE COUNTY LAND AUTHORITY
�29, 1200 Truman Avenue, Suite 207, Key West, FL 33040
"r Phone: (305)295-5180 Fax: (305)295-5181
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NOTICE OF SALE OF PARCEL WITH RE#Xis X: X
Pursuant to Monroe County Ordinance X Xis and Resolution i X, the County is offering to sell:
Lot :"X, Block "X, Subdivision: X:"X
76
to contiguous property owners, who own a principal residential dwelling unit or to eligible Property Owners .2
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Associations. You are receiving this letter as a notification that you own a developed lot contiguous to the lot for
sale.
The minimum bid for the lot has been established as: Sid X,XX,
Notice is herebygiven,that the Monroe County Land Authority MCLA will open email bids on April 15 2022
g � tY tY (MCLA) p p
at 3:00 PM at 1200 Truman Ave, 4207, Key West, FL 33040.
The MCLA directs that written bids be submitted on the attached "BID FORM", via email by April 15, 2022 at
1 PM to: w
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MCLA-BID@MONROECOUNTY-FL.GOV
The maximum file size that will be accepted by email is 25MB. It is the sole responsibility of the bidder to ensure w
delivery of their bid and waiting until the bid opening to verify the bid was received could result in the bid being
rejected. You can verify the bid was received by calling 1-305-295-5180. Speak to Dina Gambuzza.
A bid deposit of 10% of the total bid is required to be submitted in person or by mail by April 15, 2022 at 3:00
PM at 1200 Truman Ave, 4207, Key West, FL 33040 In the form of a cashier's check. All payments must be
made payable to Monroe County and received by the deadline due date and time to: �?
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Monroe County Land Authority (MCLA)
1200 Truman Ave, 4207
Key West, FL 33040 uJ
Bid deposits from losing bidders will be returned.
The site being sold may be used according to the Monroe County Comprehensive Plan and Land Development
Code for potential accessory uses or structures. For details on uses permitted please contact: Liz Lustberg at 1- z
305-289-2532.
The County originally acquired the lot being sold to retire future potential new dwelling units and to retire density.
Therefore, as a condition of sale, the buyer must agree to record a deed restriction and unity of title (attached) to
prohibit the prospective purchasers from seeking a permit for the construction of a principal residential dwelling
unit and/or points in the Rate of Growth Ordinance(ROGO)application process for receiving a ROGO allocation.
Sincerely,
Christine Hurley, AICP
Monroe County Land Authority Executive Director
305-295-5180
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REQUIRED BID FORM:
SALE OF PARCEL WITH RE4XXXXXXX BID
I,
Enter Full Name
Street Address:
City: State: Zip code:
Enter address of primary residence that is contiguous with
Hereby submit a bid in the amount of: $
Enter bid amount
For: Lot: Block: Subdivision:
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I have submitted a bid deposit in the amount of:
$ 0
Enter bid deposit amount
NOTE:Minimum deposit amount is 10%of the bid
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I am willing to close on the purchase of this lot by:
Enter Date for closing
NOTE:Closin must occur within 6 months of offer acceptance
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I hereby acknowledge that: CL
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I am the owner of
Lot Block Subdivision U)
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With a site address of:
Which is a contiguous parcel to the lot the County is selling.
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I will be required to sign a"Declaration of Restriction on Future Development" (Deed Restriction) indicating
I agree that the use of the property from this point forward will prohibit the construction of a principal
residential dwelling unit on the lot and after I purchase the lot, it shall only be used consistent with the
Comprehensive Plan and Land Development Code for accessory uses and structures; and
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I will be required to combine the parcel with the parcel I own that has a primary residence utilizing a"Covenant
of Unity of Title and Restriction on Future Development and/or Conveyances"; and w
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I understand the County will accept the highest bid or the County may reject all bids and, if the highest bidder
does not purchase and close on the lot, the County may consider the next highest bidder.
Signature
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Date of Signature
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